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You have shown in the past that can apply yourself to work and continued do so by retraining acquire other skills. Alcohol is no excuse

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I accept that there may be difference in physical effect given it is oral rather than vaginal rape but psychological trauma well same. I understand that your mother is ill not long ago lost father. Individually and taken on their own some of offences would possibly merit punishment by way fine community payback order other alternative to custodial sentence undoubtedly serious consideration . Exercising such leniency as feel able to the sentence which impose one of five years imprisonment. At the time of present offence you were on probation. In the course of that you hit him repeatedly with an iron bar and killed

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The criminal justice social work report and risk assessment prepared for this adjourned diet indicates plainly that you have displayed little no insight into seriousness of your behaviour. p Having regard to all the circumstances had you been convicted after trial would have imposed sentence of three years imprisonment. At one point you phoned the emergency services demanding police remove Mr Whyte. In fixing the punishment part of your sentence law says that must ignore risk may pose to public future

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P I am also obliged to take account of the seriousness crime murder which you have been convicted and your record previous convictions. em span I note that you were both only the time of accident. In respect of the second charge sentence you to period eight years imprisonment. However the fact that you chose to overtake on an unfamiliar road when it was not safe do so leads me conclusion despite mitigation only custodial sentence is appropriate

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P http HMA v DARYNMAXWELL AndBARRY SMITHhttp SMITHWed Dec GMTHMA SHAUN DIVIN JORDAN McGINLEY strong sentencing Sheriff Munro made the following statement court ldquo Between August various addresses you did conduct yourselves disorderly manner contribute to event listing social networking site namely Facebook which members of public had access by means said page incite others riot within City Dundee fear alarm lieges commit breach peace. The third mercifully remembers nothing of what you did. Nothing can say will undo the sadness of Ms Gamble rsquo family and only admire quiet dignity with which her daughter who had to give evidence this case has watched proceedings from public galleries. p There are aggravating features to this murder. You must behave yourself

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In view of your plea guilty the sentence which impose is years months imprisonment and days attribute to bail aggravations. For a man of only years age you have unenviable criminal record. Their lives have been shattered. However it is clear to me from the factual narrative which have already summarised that blame for this dreadful event falls on you

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That means I am obliged to impose term of least five years imprisonment for those offences unless the opinion there are exceptional circumstances relating offender which justify my not doing . On September you were convicted at the High Court in Edinburgh of assault and rape sentence detention for years was imposed. You initially denied to the police that had been this woman rsquo house and have since then repeatedly provided account of incident which suggests her injuries were accidental no sexual motive. p She told them when they were all at your wife rsquo funeral. em The Risk Assessment Report makes it plain that you have demonstrated an enduring propensity and pose of seriously endangering public

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P You would be sentenced to life imprisonment with a punishment part of years but given that have been serving there no question backdating will reduce take account time remand months which served from today. li ul p The sentence which impose must reflect society abhorrence of sexual abuse children particularly vulnerable . p On the basis of plea tendered and accepted proximate cause loss life was offending Svitzer require to proceed that